1961

Relationship to the Federal Kidnapping Act

Abduction of a minor child by a parent, usually associated with child
custody disputes, accompanied by interstate flight or retention is
specifically
exempted from Federal enforcement under the Federal Kidnapping Act (18
U.S.C.
§ 1201). SeeUnited States v. Sheek, 990 F.2d 150 (4th
Cir.
1993)("parent" exemption to Federal Kidnapping Act applies to biological
parent
whose parental rights have been permanently terminated). To overcome this
decision Congress clarified the definition of a "parent" in the Violent
Crime
Control and Law Enforcement Act of 1994 by amending 18 U.S.C. § 1201,
adding
subsection (h) that states the term 'parent' does not include a person whose
parental rights with respect to the victim of an offense under this section
have
been terminated by a final court order. See USAM
9-60.100 for a general discussion of kidnapping law.